TERMS OF USE OF GRACEWAYMEDIA.COM

TERMS OF USE OF GRACEWAYMEDIA.COM

IMPORTANT: READ CAREFULLY. BY ACCESSING THIS WEBSITE AT WWW.GRACEWAYMEDIA.COM, DOWNLOADING ANY CONTENT ON THE WEBSITE, AND/OR PURCHASING A MEMBERSHIP OR ANY OTHER PRODUCTS OR SERVICES THROUGH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (THE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, YOU AGREE NOT TO ACCESS THE WEBSITE, DOWNLOAD ANY CONTENT, OR PURCHASE A MEMBERSHIP.

RT Creative Group, LLC d/b/a Graceway Media (the “Company”) is pleased to offer You access to Content on the Website, including permission to register and purchase a Membership, in exchange for Your strict compliance with these Terms. In consideration for providing You with such access and use, You hereby understand and agree to fully comply with the Terms specified herein.

  1.  DEFINITIONS

    1. “Content” means the Website and any content on the Website, including but not limited to, banners, retitling services, and all graphics of any kind, including all sermon or service stills, HD motions, countdowns, banners and all aspects of personalized promotional material found on the Website whether owned by the Company or by any third party.

    2. “Membership” means any of the membership options on the Website that provide You with access to Content.

    3. “Website” means the website at www.gracewaymedia.com.

    4. “You” or “Your” means the individual or entity accessing the Website, downloading the Content or availing himself/herself/itself to the Content.

  2.  YOUR ACCESS TO CONTENT

    1. Access to the Content. By accessing and using the Content, You hereby expressly agree to be bound by the Terms herein as well as all applicable laws and regulations associated therewith. If You do not agree to be bound by the Terms and all applicable laws each time You access and use the Content, or You do not have the authority to agree to or accept the Terms, then You are prohibited from accessing or using the Content. Subject to the Terms herein, the Company hereby grants You the right to access and use the Content solely for Your own use and Your own benefit. You acknowledge that the Company reserves the right, but not the obligation, to monitor any activity and information associated with the Content.

    2. Login Credentials. You are required to use Your login credentials, including a user ID and password (the “Login Credentials”) to access the Content or any portion of it. In doing so, You are responsible for maintaining the confidentiality of the Login Credentials and for restricting access to Your computer, laptop, or mobile device, as applicable, and You agree to accept responsibility for any and all liabilities resulting from or relating to any misuse of Your Login Credentials by You or any third party. In the event that the confidentiality of Your Login Credentials is compromised in any manner, You agree to notify the Company immediately. The Company reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website and the Content, including without limitation, terminating Your access, changing Your Login Credentials or requesting additional information to authorize use of the Content. NOTWITHSTANDING THE ABOVE, THE COMPANY MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING THE CONTENT USING YOUR LOGIN CREDENTIALS AND IN NO EVENT WILL THE COMPANY BE HELD LIABLE TO YOU FOR ANY LIABILITIES OR DAMAGES RESULTING FROM OR ARISING OUT OF: (A) ANY ACTION OR INACTION OF THE COMPANY UNDER THIS PROVISION, (B) ANY COMPROMISE OF THE CONFIDENTIALITY OF YOUR LOGIN CREDENTIALS, OR (C) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR LOGIN CREDENTIALS.

    3. Payment and Billing. For each transaction You place on the Website, you agree to pay the full cost of the Content (the “Content Price”) which will be charged to the credit card You registered with the Website or through any other approved payment method. You agree that the Content Price is set in the sole and absolute discretion of the Company. In exchange for receiving payment from You, the Company agrees to provide you access to the Content purchased. The Company is not responsible for Your inability or failure to access purchased Content.

    4. Privacy. As part of the registration process, You will be asked to provide certain personal information to us, such as Your name, contact information, credit card number, and other personal information. The Company has an unrestricted right to collect and use any personal information You provide in connection with Your access to the Content, provided that any such use shall be in accordance with our Privacy Notice available at www.GracewayMedia.com, which is hereby incorporated by reference. Your access or use of the Content constitutes Your acceptance of the terms and conditions of our Privacy Notice. If You do not agree to have Your information used in any of the ways described in the Privacy Notice, You must discontinue access to the Content.

    5. Restrictions. Except as expressly permitted under these Terms, You agree that You are strictly prohibited from doing any of the following: (a) access, use, sell, distribute, sublicense, broadcast, or commercially exploit any rights granted to You in connection with the Content or any materials accessed on the Website, including, without limitation, any trademarks, designs, product and Content descriptions, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof (collectively, “Materials”); (b) upload to, distribute, or otherwise introduce or publish through this Website any message, information, text or other material that is unlawful, infringing, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; (c) subject to purchased rights to the Content, copy, modify, publish, download, display, post, transmit, or prepare derivative works based on any aspect of this Website or any Material; (d) reverse engineer, decompile, or disassemble any aspect of this Website or any Material; (e) remove, obscure, or alter any intellectual property right or confidentiality notices or legends appearing in or on any aspect of this Website or any Material; (f) share Your Login Credentials or Membership with any unauthorized third party; or (g) disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, Content, data or personal information.

    6. Termination of Access to Content. Notwithstanding anything to the contrary in these Terms, You acknowledge and agree that the Company reserves the right, without notice to You, and in its sole discretion, to terminate and deny Your access and use of the Content for any reason. You understand and agree that the Company shall have the right to destroy any electronic data specifically pertaining to You that is submitted by or for the benefit of You in connection with the Content (“Data”) upon termination of Your right to access Content. The provisions of these Terms shall continue to apply to You after the end of Your use of the Content or after any termination of Your right to access Content.

    7. Ownership of the Content. You acknowledge that the Company owns and retains all right, title, and interest in and to the Content, the Materials, and all intellectual property rights therein today and into the future, and that such information constitutes valuable trade secrets of the Company. Except as otherwise expressly authorized under the Terms, You have no rights whatsoever in the Content, the Materials, and all intellectual property rights therein.

    8. Customer Data. You hereby grant the Company and its affiliates, agents, suppliers, successors, and assigns the irrevocable, perpetual, worldwide, royalty-free right and license to access and use, in the Company’s reasonable discretion, all Data. You understand and agree that Data may include Your personal information and that Data will be transmitted over the Internet and, therefore, may be subject to interception by third parties. You hereby represent, warrant, and covenant that: (a) all Data and other information You submit in connection with the Content will be current, accurate, and complete; and (b) You remain solely liable for all Data or other information You upload or submit in connection with the Content. When You access the Content or send an email to the Company, You are communicating with the Company electronically. You consent to receive communications from the Company electronically and agree that we may communicate with You by email or by posting notices on this Website. You agree that the Company may access at any time and use internally for any lawful purpose the information stored on our systems, and may disclose such information to others including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required. The Company takes no responsibility and assumes no liability for any information posted or uploaded by You or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter.

    9. Content Storage. The Content is not an archiving service. Except as expressly set forth in these Terms, the Company reserves the right to remove any Content or Data from the Website at any time and the Company expressly disclaims any obligations, and assumes no liability, with respect to the storage or transfer of Your Content or Data.

    10. Modification of these Terms. You may not modify or revise these Terms. Notwithstanding the foregoing, the Company reserves the right to modify the Terms and the Content in its sole discretion from time to time and only the Company has the right to do so. If the Terms are modified, the Company will post the new Terms on the Website and note the date they were last updated. Any modification will be effective upon posting of the Terms as revised, and Your use of the Content following the posting will constitute Your acceptance of the new Terms.

    11. Modification of the Content. The Company may modify existing Content, add Content, and remove Content in its sole and absolute discretion at any time.

  3.  WARRANTIES; LIMITATIONS ON LIABILITY; RELEASE; INDEMNIFICATION; REPRESENTATIONS

    1. Disclaimer of Warranties. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE CONTENT ON THE WEBSITE. YOU EXPRESSLY AGREE THAT USE OF THE CONTENT IS AT YOUR SOLE RISK.

    2. Limitation of Liability. YOU AGREE THAT IN NO EVENT SHALL THE COMPANY OR ITS OWNERS, PRINCIPALS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AFFILIATES, AGENTS, SUPPLIERS, OR SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE BY YOU OR YOUR INABILITY TO ACCESS CONTENT, THIS WEBSITE, OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE.

    3. Release. YOU HEREBY RELEASE EACH OWNER, PRINCIPAL, MEMBER, DIRECTOR, OFFICER, OR EMPLOYEE OF THE COMPANY FROM ANY AND ALL LIABILITY IN CONNECTION WITH ACCESS TO THE CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES OR HARM THAT YOU MAY INCUR IN CONNECTION WITH THE USES AUTHORIZED BY YOU HEREIN, THE INTERCEPTION OF DATA BY A THIRD PARTY, OR ANY OTHER EVENT OUTSIDE OF THE REASONABLE CONTROL OF THE COMPANY.

    4. Representations; Export Control; Government Regulations. You represent that (a) You are not, and are not acting on behalf of, (i) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States has prohibited export transactions; or (ii) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List; and (b) You will not permit the Content to be used for any purposes prohibited by law.

    5. General Indemnification. You hereby agree to indemnify, defend and hold harmless the Company and its employees, directors, officers, subcontractors, agents or other members of its workforce, attorneys, and insurers, against any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to: (a) Your negligence, gross negligence, or willful conduct; (b) Your violation of the Terms; (c) Your violation of any rights of a third party; or (d) Your violation of any law, ordinance or regulation.

  4.  GOVERNING LAW; BINDING ARBITRATION

    1. Domestic Operations; Governing law. The Website is operated from the United States and the Content and the Terms shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and entirely to be performed within Texas, without resort to its conflict of law provisions. You acknowledge that the laws of Your jurisdiction may be more or less strict than the laws that apply to the Content and the Terms. If You access the Content from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

    2. Binding Arbitration. Subject to Section 5.3 herein, regardless of where You access this Website, You agree that any claim or dispute arising from or related to the Terms, Your use of the Website, or your access to Content, shall be settled by mediation and, if necessary, legally binding arbitration in Dallas, Texas in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker® Ministries (complete text of the Rules is available here). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of these Terms and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.

  5.  MISCELLANEOUS

    1. Violations. You agree that the Company may investigate any reported violation of these Terms, its policies or any complaints, and the Company may take any appropriate action that it deems appropriate in its sole discretion. You further agree that the Company has the right, but not the obligation, to take any action it deems appropriate, including, but not limited to, action to investigate any complaints or reported violation of these Terms or its policies, issue a warning, suspend or terminate Your access to and use of the Content at any time, and block, remove or edit any communication and materials that the Company believes in its sole discretion may violate applicable law, the Terms or a third party’s rights. Furthermore, any indirect or attempted violation of the Terms by You, will be considered a breach of these Terms by You.

    2. Third Party Links; Third Party Websites. You agree that the Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Websites or Content accessible by any hyperlink from this Website or websites linking to this Website.

    3. Injunctive Relief for Breach. Notwithstanding Section 4.2, You acknowledge and agree that any dispute involving the alleged breach by You of Section 2.5 (Restrictions), Section 2.7 (Ownership), or Section 3.4 (Representations; Export Control; Government Regulations) of these Terms shall not be subject to Binding Arbitration under Section 4.2 of these Terms. You further agree that any breach by You of Section 2.5 (Restrictions), Section 2.7 (Ownership), or Section 3.4 (Representations; Export Control; Government Regulations) of these Terms will irreparably harm the Company. Accordingly, in the event of a breach by You, the Company is entitled to promptly seek injunctive relief in a court of competent jurisdiction (subject to Section 4.1 of these Terms) in addition to any other remedies that it may have at law or in equity.

    4. Execution of these Terms. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents, including You; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

    5. Waiver; Remedies Cumulative; Severability. The rights and remedies of the parties hereunder are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under these Terms shall operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege shall preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. If any provision of these Terms, or the application of any such provision to any person, entity or circumstance, is held to be unenforceable or invalid by any court of competent jurisdiction or under any applicable law, the validity and enforceability of the remaining provisions of these Terms shall not be affected thereby. Without limiting the foregoing, the covenants and obligations contained in these Terms shall be construed as separate covenants and obligations, covering their respective subject matters. Each breach of a covenant or obligation set forth in these Terms shall give rise to a separate and independent cause of action.

    6. No Assignment. You may not assign any or all of Your rights under this Agreement to any person or entity without the prior written consent of the Company. Any attempted assignment or assumption without such written consent shall be null and void and without legal effect.

Contact Information. Please direct legal notices or other correspondence to:

RT Creative Group, LLC dba Graceway Media

Attn: Legal Department

710 Presidential Drive

Richardson, TX 75081